Código Moral

UNIT 5 CONFLICT RESOLUTION: AN INDIGENOUS

are controlled by the norms of a given society. Raiding for cattle is only one aspect of conflict.

To a large extent, the economic system, the lineage structure and ritual ideology facilitated local cohesion as a factor of common solidarity.

Among the pastoral societies, two neighbouring clans could occasionally arrange a feud, agreeing to put two similar age-sets against each other. Sometimes these engagements turned bloody. A third group normally intervened as arbiter in such a case.

The social structure of the pastoral groups is largely based on generational lines and age-sets. Elders form the senior generation set. In their role as political and spiritual leaders of the society, the elders laid down rules and procedures to initiate warriors, settle disputes, sanction raiding expeditions and determine grazing areas in their transhumant pattern. The society therefore relied on their wise guidance, prayers and blessings. Their advanced age and experience was seen as indicating their close relationship with the spiritual world. Thus, their decisions on any issue were sacrosanct. The warriors constitute the junior generation set. Their role in society was to execute decisions agreed upon by the elders.

The elders, therefore, played an important part in defusing tensions and conflicts, which usually centred on the control of grazing land or water.

They had well laid down procedures for settling disagreements in which all the parties to the conflict got a chance to put across their views. The elders were recognised as having authority to act as arbiters and give judgement on the rights or wrongs of a dispute submitted to them and suggest a settlement though they may have had no power of physical coercion by which to enforce them (Fortes & Evans-Pritchard 1940:xviii).

The negotiation or reconciliation process in the traditional setting was seen as a re-establishment of relationships between people and also with their God and spirits – who were regarded as witnesses and active participants. As Kiplagat (1998:7) points out: "There is a holistic approach to the process, working with the community as a whole, invoking spiritual forces to be present and accompany the community towards peace". The responsibility of the elders was to guide the negotiation towards an agreement, which would reflect as much as possible the consensus of all the parties involved.

3.1.1 The Pastoralists and Conflict Resolution

Among the pastoralists, ties of kinship, marriage and friendship as well

Kenya have a proverb stating "kinship is strengthened through friendship". Many individuals, therefore, often have divided loyalties and interests in any conflict situation. Hence they would apply pressure for a quick settlement of any dispute. As Gordon and Gordon (1996:235) point out, "when people of different descent groups must marry, live among, and cooperate with one another, their cross cutting ties together with the pervasive fear of feud constitute an important mechanism for the maintenance of social order". The ethical code of war ensured the respect and protection of women, children and the elderly.

Respect for women was imperative since they represent the origin (source) of life. The child represents innocence, while the elderly were considered to be closer to the spirit of the ancestors (Njoya 1988:7).

Generally, before the outbreak of conflict or hostilities, the parties

To the conflict tried to settle the dispute peacefully. Only when all efforts to achieve reconciliation had failed did the parties resort to war.

After any conflict, the question of reconciliation was put on top of the agenda. It was usual for the two protagonists to meet in the presence of an arbitrator from a neutral community. In many cases, treaties or agreements were entered into solemnly and were usually regarded as binding and sacred. The beliefs behind oaths were that God or some supernatural power would punish any individual who breaks the requirements of the oath (Mbiti 1970:212).

Among the Turkana, when there was any serious conflict, the elders would call a traditional peace conference. The whole community would gather with one common objective, i.e. to restore the broken relationship and invigorate the process of healing. Such a meeting would be open- ended so that all the participants had time and opportunity to air their views. The meeting would be held in a "carnival" atmosphere, punctuated with stories, songs, dance, proverbs, etc. The name of God and the spirits would be invoked during the meeting. A bull would be slaughtered and its blood collected and sprinkled into the air as a way of binding the community to the peace covenant. As a gesture of reconciliation the whole group would eat the meat together. Thereafter, feasting, singing, dancing and celebration would continue for several days. The whole society would thus be part of the agreement and anybody who violated it could suffer some calamity.

For example, following a bloody conflict between the Luo and the Maasai of Kenya, negotiation and reconciliation would be arranged by the elders with rituals to solemnise the occasion. The elders and the

"whole community" – women, children and the youth would assemble at one point along their common border. A makeshift obstacle consisting of tree branches would be created along the border and the warriors would place their spears over it. A dog would then be slain and cut in

half and its blood sprinkled along the border. Then, mothers would exchange babies with the "enemy" group and suckle them. The warriors would also exchange spears. The elders would then offer prayers and a profound curse pronounced on any one who attempted to cross the border and create havoc to either side. After such an agreement it would be almost impossible for the two sides to fight again (Augsberger 1992:276). This was a form of creating blood brotherhood.

Thus, in the traditional set up, reconciliation was formally and informally characterised by the implicit involvement of the whole society. The peace message would then be conveyed and become incorporated in the people's oral tradition. The community therefore serves as the repository within which conflict resolution was performed.

As William Ury (1999:28) notes:

Emotional wounds and injured relationships are healed within the context of the emotional unity of the community. Opposed interests are resolved within the context of community interest in peace. Quarrels over rights are sorted out within the context of overall community norms. Power struggles are contained within the context of overall community power.

The mediators (elders) represented the norms and values of the society, especially on moral issues. They thus advocated a settlement that would accord with commonly accepted principles of justice in terms of custom, virtue, and fairness, and reflect community judgement about appropriate behaviour. Thus, to flout such a settlement was regarded as defying the moral order of the society. Conflicts and their resolution, therefore, were viewed as events in the comprehensive continuation of social life. As Malan (1997:24) points out: "A typical immediate goal is to reach an agreement which includes more than merely solving the problem or rectifying the injustice. What is specifically aimed at in the search for durable peace, is genuine reconciliation and, where necessary, restitution and rehabilitation".

According to Lederach (1975:53): ''Reconciliation is both a focus and a locus, a place where people and things come together … creating the possibility and social space where both truth and forgiveness are validated and joined rather than a framework in which one must win over the other".

3.1.2 Today’s Standing

Today, respect by the youth for the elders and the traditional hierarchy of authority has been seriously diluted through westernisation. This has

cordial relationships among some pastoral communities. Traditionally, the elders were actively involved in the planning process and the performing of traditional ceremonies before and after raids. The motives for raiding were geared to community survival and reproduction. At present, raids are mainly geared to individual accumulation. This aspect has led to a profound disregard for alliance among pastoral communities that were once allies. This in turn has created an atmosphere of animosity and vindictiveness.

Thus, the pastoral societies are currently undergoing transformation. The authority of traditional elders has dwindled as warrior-youth acquire more prominence. The incorporation of the pastoral communities into the market economy, through the sale of livestock and livestock products, has had some adverse effects. It has contributed to the emergence of "cattle warlords" thereby exacerbating a state of conflict and insecurity as these "merchants" compete to acquire livestock for sale.

There have emerged new trends, tendencies and dynamism leading to commercialisation and internationalisation of raids. It is no longer a cultural practice of testing a person's bravery and prowess, but a bloody warfare between various groups. All these pose serious challenges to societal structure, security, survival as well as traditional moral foundations.

Consequently, the primordial causes of cattle raids have been compounded and exacerbated by the effects of the modern economy in tandem with the unfolding and changing nature of social relations. The current struggles are waged with new sophisticated firearms and verge on ethnocide, where neither women nor children are spared. Is this a symbol of the breakdown of social norms?

Traditionally, women were excluded from political decision making among the pastoral communities. In most societies, this exclusion was ostensibly because of women's inability to keep secrets. Women, however, were allowed to attend general community meetings but were not legible to membership of the Council of elders. Most generally, therefore, parallel authority structure necessitated men and women to exercise authority over their own gender and its activities. Women thus had their own courts, market authorities and age grade institutions.

These organisations reflected the sexual division of labour and the different roles for men and women. Thus, for women, power across the gender line could only be exercised indirectly or informally – behind- the-scene. Nevertheless, women had some traditionally acknowledged rights to land, animals, etc.

Today there is a need to give women a more prominent role in conflict resolution. In Africa there is a tendency of ignoring women as important agents of socio-economic transformation. Yet women have, in many respects, been the most conspicuous victims of ethnic conflicts. Thus, there is need to involve them more in the process of generating solutions to conflict by positively influencing men from engaging in such activities.